Test of Basic Structure: An Analysis

Test of Basic Structure: An Analysis

Navajyoti Samanta & Sumitava Basu*

Volume 1 Issue 3 (2008)

Basic Structure as a concept evolved from rights jurisprudence aligned to natural law theory. Indian judiciary brought in this concept to stem executive overreach. However, deliberately or not, the concept was always kept vague. Judiciary had rarely tried to rein in the concept of basic structure which was to be the last bulwark against an over possessive legislature. This article tries to find a link between the concepts of natural law and basic structure-both immutable and inviolable. The authors would further analyse the trends of Indian Supreme Court and try to devise a working test for basic structure.